The pen: mightier than the word? – New Law Journal

Posted December 11th, 2018 in civil justice, civil procedure rules, costs, evidence, news, witnesses by sally

‘John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts.’

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New Law Journal, 12th November 2018

Source: www.newlawjournal.co.uk

No implied sanction for failure to serve medical report – Litigation Futures

Posted November 29th, 2018 in appeals, civil procedure rules, news, personal injuries, sanctions, service by tracey

‘There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.’

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Litigation Futures, 29th November 2018

Source: www.litigationfutures.com

Appealing findings made by the TCC: guidance from the Court of Appeal – Practical Law: Construction Blog

Posted November 22nd, 2018 in appeals, civil procedure rules, fire, indemnities, insurance, news by tracey

‘In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis QC, sitting as Deputy High Court judge, ruled that Wheeldon was entitled to the indemnity.’

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Practical Law: Construction Blog, 19th November 2018

Source: constructionblog.practicallaw.com

QOCS judgment muddies the waters on costs-shifting – Law Society’s Gazette

Posted November 14th, 2018 in civil procedure rules, costs, damages, news by sally

‘A defendant who had initiated a counterclaim – and tried to receive the subsequent costs benefits of being a claimant – has lost his argument in the county court.’

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Law Society's Gazette, 12th November 2018

Source: www.lawgazette.co.uk

Court cannot order costs on account after part 36 acceptance – Litigation Futures

Posted November 14th, 2018 in civil procedure rules, costs, news, part 36 offers by sally

‘The courts have no power to order the payment of costs on account after a part 36 offer is accepted, the High Court has ruled.’

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Litigation Futures, 14th November 2018

Source: www.litigationfutures.com

Judge criticises City solicitor for giving witness statement to journalist – Litigation Futures

‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’

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Litigation Futures, 13th November 2018

Source: www.litigationfutures.com

LiP sanctioned for revealing ‘without prejudice’ offer in court – Litigation Futures

‘A litigant in person (LiP) who disclosed a ‘without prejudice’ offer during trial had been warned not to and the judge was right to sanction him, the Court of Appeal has ruled.’

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Litigation Futures, 5th November 2018

Source: www.litigationfutures.com

High Court backs claimant who issued just to recover costs – Litigation Futures

Posted November 2nd, 2018 in abuse of process, civil procedure rules, costs, negligence, news, part 36 offers by sally

‘A claimant was entitled to issue his claim solely in pursuit of costs where the defendant “acted unfairly” by trying to settle pre-action but refusing to pay any costs, the High Court has ruled.’

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Litigation Futures, 1st November 2018

Source: www.litigationfutures.com

Stayin’ Alive – Claim Form Success For Claimant In The Court Of Appeal – Zenith PI

‘In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form.
That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period following the expiry of the stay.’

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Zenith PI, 22nd October 2018

Source: zenithpi.wordpress.com

Claimants who discontinued huge case during trial ordered to pay indemnity costs – Litigation Futures

Posted October 19th, 2018 in bankruptcy, civil procedure rules, costs, debts, indemnities, insolvency, news by sally

‘Claimants who discontinued their case four days into a six-week trial have been ordered to pay the defendants’ costs on the indemnity basis because their conduct took it ‘out of the norm’.’

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Litigation Futures, 19th October 2018

Source: www.litigationfutures.com

Partial relief from sanction for claimant who submitted partial budget – Litigation Futures

‘A claimant who submitted a budget that did not include figures for trial preparation or trial has won relief from a decision that limited the entire budget to court fees only – but only for those parts of the budget that were completed.’

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Litigation Futures, 17th October 2018

Source: www.litigationfutures.com

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

ISSUE-BASED COSTS ORDER? Departing from the usual rule in r.44.2 CPR – Zenith PI

Posted October 9th, 2018 in civil procedure rules, costs, health, negligence, news by tracey

‘In Welsh v Walsall Healthcare NHS Trust [2018] EWHC 2491 QB, Mrs Justice Yip DBE considered whether it was reasonable to depart from the usual rule in r.44.2 that the winner recovers their costs in full. This is a useful example of how a Court approached the principle of costs when the overall winning party was unsuccessful on a particular issue.’

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Zenith PI, 8th October 2018

Source: zenithpi.wordpress.com

Who must disclose what and when? – Family Law

Posted October 9th, 2018 in civil procedure rules, disclosure, documents, family courts, news by tracey

‘Family procedural law is not as clear as it might be over when “a person who is not a party to the proceedings” (a non-party) can be compelled to produce documents and other information into family proceedings (eg the police, tax authorities, a doctor or accountant etc).’

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Family Law, 9th October 2018

Source: www.familylaw.co.uk

Multiple defendants, discontinuance and QOCS – Zenith PI

Posted September 27th, 2018 in appeals, civil procedure rules, costs, news by tracey

‘Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654. When a claimant with the benefit of QOCS protection discontinues a claim there should be no enforceable costs order against them unless there has been fundamental dishonesty in bringing the claim. But what is the position in a case of multiple defendants where the same claimant is eventually successful in obtaining damages from another defendant to the action?’

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Zenith PI, 26th September 2018

Source: zenithpi.wordpress.com

Civil Procedure Discontinuance, QOCA and Fundamental Dishonesty – Zenith PI Blog

Posted September 19th, 2018 in civil procedure rules, costs, fraud, insurance, news by sally

‘The claimant discontinued a claim. The defendants alleged that the claim was dishonest and asked the court to determine the issue of fundamental dishonesty so the defendants could enforce their entitlement to costs.’

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Zenith PI Blog, 18th September 2018

Source: zenithpi.wordpress.com

QOCS applied to whole case after defendant’s unsuccessful PI counterclaim – Litigation Futures

Posted September 18th, 2018 in civil procedure rules, costs, news, personal injuries by sally

‘An unsuccessful defendant in a road traffic claim for financial losses who made an unsuccessful counterclaim for personal injury (PI) was entitled to the protection of qualified one-way costs shifting (QOCS) for the whole case, a circuit judge has ruled.’

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Litigation Futures, 18th September 2018

Source: www.litigationfutures.com

Anchoring claims to a UK subsidiary – Competition Bulletin from Blackstone Chambers

‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’

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Competition Bulletin from Blackstone Chambers, 7th September 2018

Source: competitionbulletin.com

The QOCS regime and ‘mixed’ police claims – UK Police Law Blog

Posted August 31st, 2018 in civil procedure rules, costs, news, personal injuries, police by tracey

‘The High Court has held in Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) that qualified one-way costs shifting (“QOCS”) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”).’

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UK Police Law Blog, 28th August 2018

Source: ukpolicelawblog.com

Bar Council: New open justice rule could disadvantage litigants in person – Litigation Futures

Posted August 28th, 2018 in barristers, civil procedure rules, disclosure, litigants in person, news by sally

‘A new rule putting the parties under an explicit obligation to disclose to the other side communications with the court could disadvantage litigants in person (LiPs), the Bar Council has warned.’

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Litigation Futures, 24th August 2018

Source: www.litigationfutures.com